Erie Insurance Exchange v. Imperial Marble Corp.
An Illinois appellate court held that an insurer has a duty to defend a manufacturing company in an underlying lawsuit filed against it by nearby homeowners for personal injury and property damage stemming from emissions generated as part of the company's normal business operations. The insurer ...
Hillside Memorial Park & Mortuary v. Golden State Water Co.
A California appellate court reversed and remanded a lower court decision denying water districts' motion to amend a 1961 judgment that imposed a "physical solution" on the West Coast groundwater basin. The districts wanted to store water in underground dewatered storage spaces of the basin that...
Center for Biological Diversity v. Jackson
A district court dismissed environmental groups' action against EPA seeking the regulation of lead shot and bullets under TSCA. In August 2010, the group petitioned EPA to regulate lead shot, bullets, and fishing sinkers under the Act. EPA denied the requests in two separate letters: one concern...
Tyco Thermal Controls LLC v. Redwood Industrials
A district court held that the owner of PCB-contaminated property is not entitled to injunctive relief under RCRA compelling the former owner to either pay for future cleanup costs at the property or take over remediation in its entirety. Injunctive relief is not available when abatement of the ...
American Trucking Ass'ns v. City of Los Angeles
The Ninth Circuit reversed in part a lower court decision upholding a "Clean Truck Program" adopted by a California port designed in part to reduce emissions related to port operations, including emissions from trucks. The concession agreements implementing the plan set forth a number of provisi...
Boston Edison Co. v. United States
The Federal Circuit affirmed in part and reversed in part a lower court decision granting the buyer and seller of an energy company damages for the U.S. government's ongoing breach of its contractual obligation to collect and dispose of spent nuclear fuel (SNF) generated at a nuclear plant in Plymou...